Key messages
- The 2019 Audit of In Canada Asylum Process had three main findings:
- Canada’s refugee determination system was not equipped to process claims according to the required timelines.
- A series of inefficiencies contributed to delays in processing claims. There were significant gaps in information sharing and duplication of effort among the three main organizations involved in the claims process (CBSA, IRCC and IRB).
- Hearings for almost two thirds of claims were postponed. Most of these postponements were due to issues that were within the government’s control and resulted in delays of several months.
- The IRB remains committed to addressing the recommendations made by the Auditor General in close collaboration with IRCC and CBSA, including the need to for a flexible funding model.
- Notably, the asylum system needs to be fully funded to deal with rising intake and to stop the growth of backlogs. The portfolio has made solid progress with recent investments and strategic coordination, but there are still gaps to be addressed.
- In terms of the relevant progress to-date:
- Economic Update has extended temporary funding enabling the IRB to finalize 50,000 refugee claims and 13,500 refugee appeals a year. This is planned to sunset in 2023-24; however, the IRB is working with partners on a flexible funding model to address surges beyond forecasted intake;
- The IRB has also implemented scheduling strategies that have successfully reduced the rate of postponed hearings including realigning scheduling from CBSA to IRB; and
- Funding has been secured through Budget 2019 and all three partners are working closely on improving information sharing, for example to be able to transmit and manage more of our key documents electronically.
Summary of recommendations and status
Recommendation 1:
- The CBSA IRCC; and the IRB should work with central government agencies to design and implement a flexible model that allows them to access additional funding quickly to better match shifting volumes of claims, and update their performance and productivity expectations for key steps in the refugee determination system.
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Status: performance measures established at ASMB; productivity model established at IRB; and work with central agencies is underway to identify long-term funding options as well as flexible funding model (Economic Update 2020 extended the funding)
Recommendation 2:
- The CBSA IRCC; and the IRB should work together to identify what information needs to be collected and shared for an asylum claim; and find a way to share the information securely, accurately, and efficiently, moving from paper to digital processing of asylum claims (potential link to the Audit of Immigration Removals as it relates to improving its data interface with partners)
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Status: project funding approved providing IRB $3.8 over two years to work with IRCC and CBSA to implement changes to system interfaces and improve information sharing practices (for example, digitally sharing the basis of claim, reasons on decisions, Minister intervention request, dispositions on applications).
Recommendation 3:
- The IRB should explore ways to reduce the number of postponed hearings, particularly for reasons within its control, and should reschedule hearings in a timely manner.
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Status: multi-prong strategy developed including realigning scheduling from CBSA to IRB; postponement rate dropped below 40% through the remainder of 2019-20 (up to the beginning of the COVID period). The postponement rate was 98% in Q1 2020-21 given all in-person hearings were postponed. With the resumption of in-person hearings, the postponement rate in August through October 2020, was 32%.
Recommendation 4:
- The IRB should make better and more frequent use of the processes at its disposal to expedite protection decisions for eligible asylum claimants.
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Status: established Task Force on Less Complex Claims and processed over 10K claims in 2019-20.
Recommendation 5:
- The CBSA and IRCC should notify the IRB as soon as their review of an asylum claim for intervention is complete, whether or not they plan to intervene. The IRB should consider this notification in its scheduling strategy to reduce wait times for protection decisions.
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Status: information being shared weekly. ICAC improving data sharing and exchange; IT improvements planned for 2021.
Background
Audit focused on whether the Canada Border Services Agency; Immigration, Refugees and Citizenship Canada; and the Immigration and Refugee Board of Canada consistently processed asylum claims in an efficient and timely manner.
Key findings
- Canada’s refugee determination system was not equipped to process claims according to the required timelines.
- A series of inefficiencies contributed to delays in processing claims. There were significant gaps in information sharing and duplication of effort among the three main organizations involved in the claims process: the Canada Border Services Agency; Immigration, Refugees and Citizenship Canada; and the Immigration and Refugee Board of Canada. Specifically, federal partners operated their own case management systems with limited interoperability, potentially causing program integrity risks, certain administrative inefficiencies, and/or processing delays for claimants.
- Hearings for almost two thirds of claims were postponed. Most of these postponements were due to issues that were within the government’s control and resulted in delays of several months.
Recommendations and responses related to the IRB and partner departments
2.28 The CBSA IRCC; and the IRB should work with central government agencies to design and implement a flexible model that allows them to access additional funding quickly to better match shifting volumes of claims, and update their performance and productivity expectations for key steps in the refugee determination system.
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Note: Recent investments have been made to the Asylum system and the portfolio has made good progress. However, in order to stop the growth of backlog and deal with increased intake,
The asylum system needs to be fully funded.
IRB actions
- IRB updated performance and productivity targets at the September 2019 Asylum System Management Board (ASMB) meeting.
- A flexible funding mechanism will allow the IRB and partner agencies to access funds more readily once the system is fully funded, permitting them to be more responsive to fluctuating intake beyond forecasted expectations.
- The IRB has adopted a national productivity model that considers factors related to case complexity and familiarity, in order to optimize resource allocation through more balanced and equitable workloads. Work is underway to modify the productivity model to account for the introduction of virtual hearings and limitations on capacity because of the CoVID-19 related challenges.
- The IRB is on track to review the resource allocation model with financial results and future Resource Determination Model (RDM) by February 2021.Modifications to the resource allocation model are currently underway to account for new productivity initiatives and the transition to virtual hearings.
2.39 The CBSA IRCC; and the IRB should work together to identify what information needs to be collected and shared for an asylum claim; and find a way to share the information securely, accurately, and efficiently, moving from paper to digital processing of asylum claims
(Note that this recommendation is the only potential link to the Audit of Immigration Removals as it relates to improving its data interface with partners. It should be noted however that there were no findings against the IRB in the Audit of Immigration Removal pertaining to the sharing of data)
Partner department actions
- IRCC and CBSA indicate that they are adopting more of a quality assurance approach for asylum intake. This action is not directly applicable to the IRB
IRB actions:
- Investments provided in Budget 2019 to support IT development work and specifically the asylum interoperability project (AIP). The IRB received $3.8M, over a period of 2 years.
- Investment is to make the necessary changes and improvements to our existing digital interface, for all four Divisions, and support the transfer of all necessary information required for asylum or immigration proceedings between all three partners, while respecting the IRB’s mandate and independence. This would include, the basis of claim, reasons (on decisions), Minister intervention request, and dispositions on applications.
- Specifically, significant work is planned to rebuild and support a new interface between the IRB system (NOVA) and IRCC system (GCMS) that will expand data exchange as well as document exchange. There is also work being done to look at data exchange relevant for immigration matters (ID and IAD) as well as to support the Integrated Claims Assessment Center (ICAC) at the RPD Toronto Pilot location.
2.44 The IRB should explore ways to reduce the number of postponed hearings, particularly for reasons within its control, and should reschedule hearings in a timely manner.
IRB actions:
- IRB implemented multi-prong strategy (subject to the COVID-19 suspension of operation)
- Control of scheduling has been reassigned to IRB from CBSA. Based on this strategy, postponement rate decreased, but increased once again during COVID-19 due to health and unavailability of members, and of those who appear before the IRB (details below).
- Change in Date and Time Court (hearing applications for postponements are conducted by a select group of experienced and well-trained coordinating members to ensure consistency.)
- Building extra flexibility in case of resumptions by having Coordinating Members take on files
- Improved scheduling practices. IRB has not yet issued a practice direction to deter postponements by counsel/claimants, as increased flexibility is required during these extraordinary times to deal with limited access to counsel and claimants and health and safety issues. Postponement rates and reasons for postponement are being evaluated on a weekly basis.
- Regarding postponement rates,
- Close to 50% of scheduled hearings were postponed (ended in a CDT) in the pre-audit period (2013 and 2014). The postponement rate increased through the audit period (2015-2018) and beyond to reach a high of 68% in Q1 of 2019.
- These high numbers were due in large part to input outstripping RPD capacity and to the system requirement to schedule all claims for a hearing upon referral, regardless of the actual availability of decision-makers.
- This practice was ended in late 2018 and the effects of that change can be seen in a postponement rate that dropped below 40% through the remainder of 2019-20 (up to the beginning of the COVID period).
- The postponement rate in August through October 2020, after the resumption of operations, was 32%.
2.48 The IRB should make better and more frequent use of the processes at its disposal to expedite protection decisions for eligible asylum claimants.
IRB actions:
- Established Inventory Reduction Task Force (IRTF) in RPD that continues to triage less-complex claims based on new instructions governing the streaming of less complex claims, therefore this action is ongoing.
- IRTF has evaluated the application and effectiveness of the instructions on less complex claims through the quality assurance program and data/metrics. The IRTF held consultations with members regarding additional countries or claim types that could be added and is expanding the scope of its triage activities.
2.52 The CBSA and IRCC should notify the IRB as soon as their review of an asylum claim for intervention is complete, whether or not they plan to intervene. The IRB should consider this notification in its scheduling strategy to reduce wait times for protection decisions.
Partner department actions
- CBSA and IRCC notify the IRB of their intention to intervene or not intervene on certain cases on a weekly basis therefore this action is ongoing. The agreed upon monitoring indicators are manually integrated into the electronic interface.
- IT development will be completed by June 2021 to permit the electronic sharing of the results of the triage, review, and intervention work, similar to the current sharing of Front End Security Screening (FESS) results.
IRB actions
- Integrated Claim Analysis Centre (ICAC) pilot began in Toronto in October 2019 and is progressing. Interim assessment of results will be conducted and presented to the ASMB in December 2020.
- Final assessment of results of the pilot project will be conducted and presented to the ASMB in September 2021.